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42 U.S.C. § 4012 — Additional Congressional findings and declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;
(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;
(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;
(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;
(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and
(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified, for their losses in the event of future flood disasters.
**(b)** The purpose of this Act, therefore, is to—
(1) substantially increase the limits of coverage authorized under the national flood insurance program;
(2) provide for the expeditious identification of, and the dissemination of informati
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Source file: Laws/federal/codes/united-states-code/title-42/section-4012-additional-congressional-findings-and-declaration-of-purpose--cd3ce40d5a.md
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Source location: Title 42, Chapter 50, § 4012; chapter-050-national-flood-insurance.md
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**(a)** The Congress finds that—
(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;
(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;
(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;
(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;
(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and
(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified, for their losses in the event of future flood disasters.
**(b)** The purpose of this Act, therefore, is to—
(1) substantially increase the limits of coverage authorized under the national flood insurance program;
(2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas;
(3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plan ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and
(4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums—
(1) to cover administrative expenses authorized under [section 4126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4126&num=0&edition=prelim);
(2) to reimburse the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) for—
(A) premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) which have been made from such fund; and
(B) reinsurance claims paid under the excess loss reinsurance coverage provided under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); and
(3) to make such other payments as may be necessary to carry out the purposes of this chapter.
**(b)** All such funds shall be available without fiscal year limitation.
**(c)** There are authorized to be appropriated such sums as may be necessary through the date specified in [section 4026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4026&num=0&edition=prelim), for studies under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations respecting general terms and conditions of insurability** The Administrator shall from time to time, after consultation with the advisory committee authorized under [section 4025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4025&num=0&edition=prelim), appropriate representatives of the pool formed or otherwise created under [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4051&num=0&edition=prelim), and appropriate representatives of the insurance authorities of the respective States, provide by regulation for general terms and conditions of insurability which shall be applicable to properties eligible for flood insurance coverage under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim), including—
(1) the types, classes, and locations of any such properties which shall be eligible for flood insurance;
(2) the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such insurance;
(3) the classification, limitation, and rejection of any risks which may be advisable;
(4) appropriate minimum premiums;
(5) appropriate loss-deductibles; and
(6) any other terms and conditions relating to insurance coverage or exclusion which may be necessary to carry out the purposes of this chapter.
**(b) Regulations respecting amount of coverage** In addition to any other terms and conditions under subsection (a), such regulations shall provide that—
(1) any flood insurance coverage based on chargeable premium rates under [section 4015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4015&num=0&editio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4016
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; terms and conditions** On the basis of estimates made under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), and such other information as may be necessary, the Administrator shall from time to time prescribe, after providing notice—
(1) chargeable premium rates for any types and classes of properties for which insurance coverage shall be available under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim) (at less than the estimated risk premium rates under [section 4014(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a/1&num=0&edition=prelim), where necessary), and
(2) the terms and conditions under which, and the areas (including subdivisions thereof) within which, such rates shall apply.
**(b) Considerations for rates** Such rates shall, insofar as practicable, be—
(1) based on a consideration of the respective risks involved, including differences in risks due to land use measures, flood-proofing, flood forecasting, and similar measures;
(2) adequate, on the basis of accepted actuarial principles, to provide reserves for anticipated losses, or, if less than such amount, consistent with the objective of making flood insurance available where necessary at reasonable rates so as to encourage prospective insureds to purchase such insurance and with the purposes of this chapter;
(3) adequate, together with the fee under paragraph (1)(B)(iii) or (2) of [section 4014(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a&num=0&edition=prelim), to provide for any administrative expenses o
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4018
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Federal law — U.S. Code and appendices · legal_authorities
Page 6010
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4012
the national flood insurance program to ensure full-
est possible compliance with such requirements.
‘‘(2) STUDY OF COMPLIANCE ASSISTANCE.—Conduct a
study of the extent to which Federal agencies and the
secondary mortgage market can provide assistance in
ensuring compliance with the requirements under the
national flood insurance program and submit to the
Congress a report describing the study and any con-
clusions.
‘‘(3) STUDY OF COMPLIANCE MODEL.—Conduct a study
of the extent to which existing programs of Federal
agencies and corporations for compliance with the re-
quirements under the national flood insurance pro-
gram can serve as a model for other Federal agencies
responsible for enforcing compliance, and submit to
the Congress a report describing the study and any
conclusions.
‘‘(4) RECOMMENDATIONS FOR ENFORCEMENT AND COM-
PLIANCE PROCEDURES.—Develop recommendations re-
garding enforcement and compliance procedures,
based on the studies and findings of the Task Force,
and publish such recommendations.
‘‘(5) STUDY
OF
DETERMINATION
FEES.—Conduct a
study of—
‘‘(A) the reasonableness of fees charged pursuant
to 102(h) of the Flood Disaster Protection Act of
1973 [42 U.S.C. 4012a(h)] for costs of determining
whether the property securing a loan is located in
an area having special flood hazards; and
‘‘(B) whether the fees charged pursuant to such
section by lenders and servicers are greater than
the amounts paid by such lenders and servicers to
persons actually conducting such determinations
and the extent to which the fees exceed such
amounts.
‘‘(d) NONCOMPENSATION.—Members of the Task Force
shall receive no additional pay by reason of their serv-
ice on the Task Force.
‘‘(e) CHAIRP
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4012
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